National Commission for Backward Classes 2018- A critical Analysis

When NCBC was set up? The
NCBC is a body set up under the National
Commission for Backward Classes Act, 1993.

What is National Commission for Backward classes- Under the Constitution the National Commission for Schedule Casts or NCSC has the power to look into
complaints and welfare measures with regard to Scheduled Castes, backward
classes and Anglo-Indians. So the Indian government decided to bring a
different constitutional body specially for Backward Classes.

What is the matter and new things in the bill?

The Constitution (123rd
Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Social
Justice and Empowerment, Mr. Thaawarchand Gehlot on April 5, 2017.
It seeks to grant the National Commission on Backward Classes (NCBC) constitutional
status, at par with the National Commission for Scheduled Castes (NCSC)
and the National Commission for Scheduled Tribes.

The
Bill seeks to remove the power of the NCSC to examine matters related to
backward classes.

The Bill seeks to
establish the NCBC under the Constitution, and provide it the authority to
examine complaints and welfare measures regarding socially and educationally
backward classes.

Note
that this Bill was introduced alongside the National Commission for Backward
Classes (Repeal) Bill, 2017 that seeks to repeal the National Commission
for Backward Classes Act, 1993.

Constitutional status to National Commission for Backward
Classes

Backward classes:
The Constitution Amendment Bill states that the President may specify the
socially and educationally backward classes in the various states and union
territories. He may do this in consultation with the Governor of the
concerned state. However, a law of Parliament will be required if the
list of backward classes is to be amended.

Composition and service conditions: Under the Constitution Amendment Bill, the NCBC will
comprise of five members appointed by the President. Their tenure
and conditions of service will also be decided by the President through rules.

Functions:Under the Constitution Amendment Bill, the duties of the
NCBC will include:

(i)
investigating and monitoring how safeguards provided to the backward classes
under the Constitution and other laws are being implemented,

(ii)
inquiring into specific complaints regarding violation of rights,
and

(iii)
advising and making recommendations on socio-economic development of
such classes. The central and state governments will be required to
consult with the NCBC on all major policy matters affecting the socially and
educationally backward classes.

The
NCBC will be required to present annual reports to the President on
working of the safeguards for backward classes. These reports will be
tabled in Parliament, and in the state legislative assemblies of the concerned
states.

Powers of a civil court:Under the
Constitution Amendment Bill, the NCBC will have the powers of a civil court
while investigating or inquiring into any complaints.

These
powers include: (i) summoning people and examining them on oath, (ii) requiring
production of any document or public record, and (iii) receiving evidence.

Criticism-India has failed to address the issues between class and
caste. The current NCBC was created in 1993. The new provision article 338 B is
identical to the Article 338 A which created the national commission for SC
and ST.

The 123rd
Amendment Bill brings backward classes like SC /ST as a victim of discrimination,
exclusion and violence.

2.It is bound to create more problems as now issues may be
more politically motivated.

3.The task of identifying backward classes remains unclear.

4.Parliament will determine the category of Backward Classes in Central
list instead of Earlier National Commission for Backward classes under article
340 of the Indian Constitution. New amendment delinks article
340 related to backward classes. .

6.NCBC will hear grievances; inquire into complaints, summons
officials given its power as a civil court,

7.Two constitutional bodies may clash as sometimes as
conflict of interest between National Commission for Backward classes and
National Commission for Schedule Class may arise.

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